Terms & Conditions

By soliciting the services of Pro Web Design, you accept joint and several liability of all of the terms and conditions outlined below in addition to future updates.

Prices

Current prices for all packages and services are published on our pricing page and form part of these terms
All prices are final — Pro Web Design is not registered for VAT, so no VAT is added
Prices shown as “from” are starting prices; a fixed written quotation is provided before work begins
No service carries a minimum term, a setup fee or a cancellation fee
Yearly hosting and care plans are charged at the price of ten months

Responsibility for Payment

The party that instructs the work is responsible for paying for it
Where you instruct us on behalf of a company, we may ask for written confirmation that the company accepts the charges before work begins
Each party is liable only for loss that is a reasonably foreseeable consequence of its own breach of these terms
Nothing in these terms limits liability for death, personal injury or fraud, or affects your statutory rights

Payments

Invoices are due within 14 days of the date issued
As per UK statutory rights, you agree to pay 8% interest in addition to the base rate set by the Bank of England
You agree to pay compensation for any and all debt recovery costs under the late payment legislation
Amounts paid cover work already carried out and costs already committed on your behalf. Your statutory cancellation rights are not affected
If more than what is owed is ever paid to Pro Web Design, the balance will remain on your account as a credit; this can be used at any time for any service

Acceptance of Services

Verbal, written, telephone, face to face, email, SMS, WhatsApp, Messenger or letter, collectively or separately, will all be deemed as your authorisation and instructions to proceed with any and all tasks in acceptance of all terms and conditions.

Guarantees

No services come with any guarantees.

Contract Terms

No minimum term applies to any service — you may cancel at any time and the service runs to the end of the period already paid for
Hosting and care plans have no minimum term and no cancellation fee

Disclaimer

Our customers’ best interests are of paramount importance and will be borne in mind at all times. However, we shall not be liable or responsible for any loss incurred including, but not limited to, loss of profits, loss of business, loss of contract, damage to Company brand or image under any circumstances whatsoever whether as a result of the Customers’ website being down, social media updates, news articles, imagery, video, website, emails sent or any other service provided on your behalf or on behalf of the company.

Hosting

Pro Web Design takes no responsibility for any website hosted on a server it does not manage
Pro Web Design takes no responsibility for any website hosted on a server it does not charge for
Server side issues are attended to within your monthly fee
Website related issues are charged for at £60 per hour
Hosting with Pro Web Design is optional. Hosting and an SSL certificate are included free for the first year with every website package, after which you are free to host your website anywhere
You can cancel your website hosting at any time and there is nothing further to pay
No transfer or cancellation fee is charged
Your website could be suspended or deleted due to non-payment
Your email accounts could be suspended or deleted due to non-payment
It is your responsibility to ensure all invoices are paid on time
Pro Web Design uses data centres and hosting providers
Pro Web Design cannot be held accountable and accepts no responsibility or liability, of any kind, for any issues you may experience; however, Pro Web Design will make every effort and attempt possible to resolve issues that may arise, on your behalf
All email accounts are provided on a complimentary basis
Pro Web Design provides business email hosting from £5 per mailbox per month

Access

If a content management system (CMS) has been ordered with your website, then you will have access to change content, images, add news and pages
Pro Web Design can carry out more advanced alterations for just £60 per hour
Pro Web Design takes no responsibility for any issues that may arise due to misuse, inexperience, limited expertise or any other reason

Content

It is the responsibility of the client to provide content for their website
Content can be ordered in addition to the fee for website design and build
Your website design and build fee is due regardless of whether you have supplied content or not
Your website design and build fee is due regardless of whether Pro Web Design has supplied content or not
Pro Web Design accepts no liability due to delays caused by the client
Content can be added to the website at any time

Email Accounts

All email accounts come with 400MB of storage space as standard
400MB of space should be sufficient to store circa 80,000 text based emails
Emails containing images consume more disc space and it is recommended that those files are saved, so you can delete the email soon after
Systems such as WeTransfer and Mail Big File are designed for large file, image, audio and video transfers
Additional mailboxes are £5 per mailbox per month; extra mailbox storage is quoted on request

Deposit

Payments cover work already carried out, together with materials, licences and third-party costs already committed
If you cancel before we start, your deposit is returned in full; if work has begun, we invoice the work done and return the balance
All payments are used to cover past, existing or future works
All payments are used to cover past, existing or future costs for materials, code, expertise and time
Any over payments will be added to your account
A deposit payment obligates you to make full payment upon completion

Ownership

Ownership of a website or any work carried out is not transferred until full payment and all monies owed is paid in full
If a project is cancelled or your website is taken offline due to non-payment, the total amount invoiced and to be invoiced is still due in full

Additional Work

All additional work is charged for accordingly
All developments and alterations are charged for at the standard hourly rate
All images, additional features and functions are charged at £60 per hour

Oversight

Any and all oversight will be charged for at £60 per hour or at an agreed sum.

Revisions

Each project comes with 2 stages for revisions
Further revision stages are charged for accordingly
You have up to 7 days to respond with revisions
Thereafter you have fully accepted the product and/or service
Each revision time frame will come with a maximum of 7 days to respond at each period

Communication

You agree to respond to emails and phone calls within 48 hours
You agree to be proactive and utilise all communication methods available

Proactiveness

If you experience any issues or concerns, you agree to be proactive and cooperative throughout.

Resolution

If you experience any issues or concerns, you agree to be proactive and helpful to resolve whatever your issue or concern may be.

Swapping Services

Pro Web Design is under no obligation to, however, will be as proactive as possible to swap services from one to another if preferred
You understand that swapping services would cost time and money to Pro Web Design to carry out for you

Reports

Pro Web Design charges £95 for a comprehensive website audit report. A monthly report is included in the Growth care plan
It is your responsibility to create and provide the details of your Google Account so that Pro Web Design can provide you with access to the following systems which contain reports for you to access: Google Analytics, Facebook, Instagram, LinkedIn
Pro Web Design accepts no responsibility or liability for any reports you cannot access or do not receive
You can email marketing@pro-webdesign.co.uk for directions as to how you can access reports
You understand that in some instances you cannot access historic data, only future data from the date you have access

Breach of Contract

By employing the services of Pro Web Design you agree to forfeit the rights to breach of contract
Pro Web Design requires all customers to forfeit the right to opt for breach of contract as some customers have attempted to create grounds for breach of contract
If you no longer wish to work with Pro Web Design, the cancellation process is simple and easy to follow: email us naming each service you wish to cancel and settle any outstanding invoices due within your contract

Moving To Another Provider

Please inform us if you wish to move to another provider. Moving is not an issue and by telling us, we can help you best
If you do not tell us you are moving or planning to move in a sly and deceitful way, the transfer process becomes complex for both parties
To transfer away, inform us of who we need to collaborate with, email us naming each service you wish to cancel and settle any outstanding invoices

Late Payment

Invoices are due within 14 days of the date issued
If an invoice is overdue we will contact you before taking any further step
For business customers, late payment carries statutory interest at 8% above the Bank of England base rate together with the fixed statutory compensation set by the Late Payment of Commercial Debts (Interest) Act 1998 — £40, £70 or £100 depending on the size of the debt
If we instruct a third party to recover a debt, we may recover the reasonable costs we actually incur, evidenced on request
Services may be suspended while an invoice remains unpaid, after written notice

Legal Costs

If a dispute reaches court, costs are dealt with as the court directs
Before that, both parties agree to try to resolve the matter directly, and to consider mediation
Where we recover an undisputed debt, we may recover the reasonable costs we actually incur, evidenced on request

Creativity – Design

All invoices are due, regardless of whether you like the website design or not
Pro Web Design will work in accordance with your brief and do its best to ensure you are satisfied
Pro Web Design will make changes for a period it deems fair and reasonable to do so
All sums are due to be paid by you regardless of whether you like the design or not

Creativity – Functionality

Pro Web Design accepts no responsibility or liability for changes in technology
Pro Web Design accepts no responsibility or liability for changes in technology that may affect your project or business
Pro Web Design accepts no responsibility or liability for current, new or historic functionality limitations
Technology can change during a project and Pro Web Design accepts no liability or responsibility for this
Pro Web Design will add credit to your account for a sum it deems fair and reasonable, for any tasks that cannot be completed
Pro Web Design cannot guarantee that any or all aspects of a project will be completed due to potentially endless changes, alterations, access and limitations it has no control over
Pro Web Design will make every effort to overcome challenges
Pro Web Design will refer you to suppliers who can fulfil a requirement, at your cost
Pro Web Design accepts no liability or responsibility for any costs you may incur directly, indirectly, subsequently, or consequentially
Pro Web Design takes no responsibility or liability for introducing clients to other suppliers
Pro Web Design will not accept any reduction in the overall project total, but will instead add any hours it deems fair, as banked hours to be used at any time, on your account
All website alterations and developments outside the scope will be billed for accordingly

Personal Preferences

Our services are open to interpretation and therefore personal preferences will be charged for accordingly
Our services are open to interpretation, therefore this is not grounds for non-payment
All website alterations and developments outside the scope will be charged for accordingly
This will include additions or changes which alter the way the website functions but which were not originally specified and are personal preference rather than necessity

Social Media

Any missing social media posts can be replaced for free
Missing social media posts must be reported within 48 hours
As clients have access to social media accounts, it is possible for you to delete posts and therefore Pro Web Design accepts no liability
Social media platforms have the right to delete posts and therefore Pro Web Design accepts no liability
Social media platforms have the right to freeze, suspend, delete or block accounts and therefore Pro Web Design accepts no liability
Pro Web Design uses paid for social media management systems and therefore accepts no liability for any missing posts or issues
Pro Web Design will support you with any issues you may face
You agree to work proactively with Pro Web Design to ensure social media posts are to your liking
You agree to provide Pro Web Design with social media posts if those produced are not to your liking

Website Development Packages

Within your contract, you buy up to an allotted number of hours to be used for website developments each month
It is your responsibility to utilise the time you book
You understand that any time booked cannot be replaced
Pro Web Design allows customers to build up time unused for a maximum of 3 months
Any time unused is due for full payment
Any time unused within the past 3 months can be used in addition to the forthcoming month’s time
You accept full liability for any and all time unused
You understand that other customers could have bought the time you booked

Copyright

The ownership of all design work carried out by Pro Web Design will always remain the ownership of Pro Web Design as per copyright law, notwithstanding once payment has been made
All websites are to contain and retain the footer text ‘Website Design & Built by Pro Web Design’
The footer text ‘Website Design & Built by Pro Web Design’ is to link to www.pro-webdesign.co.uk
Removal of this text is a breach of copyright and our terms and conditions
The footer credit can be removed free of charge at any time — just ask us

Stage Payments

If a stage payment is overdue and unpaid, Pro Web Design reserves the right to demand full payment for the full contract value payable within 7 days.

Domain Names

Pro Web Design accepts no responsibility, liability, losses or consequential damages caused by the loss or non-renewal of domain names
Pro Web Design manages, updates and renews thousands of domain names each year
until you ask us in writing to stop renewing them
Please name each domain you no longer wish us to renew in your written request
Pro Web Design reserves the right not to renew any domain name it chooses due to non-payment or a lack of response or if you are in debt
Pro Web Design reserves the right to sell domain names to recover costs owed
Pro Web Design accepts no responsibility or liability for changes in DNS settings
Pro Web Design aims to ensure that all domain renewals are successful

Invoices

All invoices are to be paid in full as cleared funds within a maximum of 14 days
Any disputes are to be made in writing to credit.control@pro-webdesign.co.uk within 14 days of the date the invoice was issued
Any disputes raised after 14 days of the invoice being issued will be dismissed from any consideration and deemed fabrication

Debt Recovery

If an undisputed invoice stays unpaid after written reminders, we may pass the debt to a recovery agency
We will tell you in writing before we do so, and give you a final opportunity to pay or to raise a dispute
Recovery costs charged to you are limited to those we actually incur

Limits of Liability

Each party is liable only for loss that is a reasonably foreseeable consequence of its own breach of these terms
Neither party is liable for loss of profit, loss of business or other indirect loss
Our total liability for any claim is limited to the amount you have paid us for the service the claim relates to
Nothing here limits liability for death, personal injury or fraud, or affects your statutory rights

Fair Comment

Both parties agree not to publish statements about the other that they know to be false or misleading
If you are unhappy with our work, please raise it with us first — we would rather fix the problem than argue about it
Both parties keep the remedies available to them in law

Our Team

For twelve months after our last piece of work for you, please do not directly solicit our staff or contractors for employment without discussing it with us first
If this is breached, we may recover the recruitment and replacement costs we actually incur

Updates To Our Terms & Conditions

By employing the services of Pro Web Design in any capacity, whether it be through a verbal conversation, telephone call, meeting, handshake, email, letter, payment, PDF or proposal document, you immediately accept and adhere to all terms and conditions
You also accept all current and future updates to our terms and conditions
You accept that it is your liability to keep up to date with our terms and conditions

Directions To Our Terms & Conditions

You accept full responsibility to ensure you are happy with the terms and conditions before soliciting the services of Pro Web Design
You accept that Pro Web Design is under no obligation to direct you to its terms and conditions; however, Pro Web Design proactively directs you to its terms and conditions within every page of its website, within every email, within every proposal document, within the FAQs page, within the Terms & Conditions page, within marketing emails, within invoices and within quotations
Pro Web Design is more than happy to discuss any points within the terms and conditions with you. However, all are in place to protect the business and ensure it is paid on time

Pausing Services

If you wish to pause a service, you will still be billed for it and payment required as normal
No administration fee is charged for pausing a service

Cancellation

All cancellations must be requested in writing by email to info@pro-webdesign.co.uk
Cancellation must be requested in writing by email to info@pro-webdesign.co.uk from the address we hold on your account
A written request protects both parties from hackers, employees, competitors and impersonators cancelling your services incorrectly
A written request protects both parties from cancelling the incorrect services
Please name each service you wish to cancel in your written request
Services can be cancelled at any time and will run to the end of the period already paid for
Services may continue during your cancellation period

Standard Contract Lengths

There is no minimum term for our services
There is no minimum term for hosting

Discounts

Yearly hosting and care plans are charged at the price of ten months — two months free

Cancellation Fees — None

No cancellation fee is charged when you cancel a marketing service
No cancellation fee is charged when you cancel a hosting package

Data

Your data will be used for various marketing activities, campaigns and communication methods both directly, in addition to client accounts. You can unsubscribe from all communications easily and your choice will always be respected. You will simply need to provide your name, email and mobile numbers. We do not wish to contact anyone who does not want to be contacted.

Intellectual Property and Content Protection

All content on this website — text, photographs, video, graphics, logos, page layouts and product descriptions — is the property of Pro Technologies Limited or is used under licence. It may not be copied, reproduced, scraped, republished or used for training automated systems, in whole or in part, without our prior written consent. Short quotations with a link to the source are welcome.

If content is used without permission, we will request its removal, invoice our standard licence fee for the period of use and, where necessary, pursue the matter under the Copyright, Designs and Patents Act 1988.